AG-024B-S-17-9009_Solicitation_-_National_Retardant_Bulk_02-14-2017_.pdf

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information Document Type: Combined Solicitation/Synopsis Solicitation Number: AG-024B-S-17-9009 Solicitation Name: National Long-Term Fire Retardant – Bulk Posted Date: 14 February 2017 Response Date: 28 February 2017 NAICS Code: 115310 Support Activities for Forestry Product or Service Code: F003 Forest/Range Fire Suppression Small Business Set Aside: None

Contracting Office Address U.S. Forest Service (USFS) - Incident Support Branch National Interagency Fire Center 3833 S. Development Ave. Bldg 106 Ste. 1100 Boise, ID 83705-5354

Description This is a sole source combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; “proposals” are being requested, and a written solicitation document will not be issued.

Pursuant to FAR 5.203(a) the USFS posted a notice on 2 December 2016 with the intent to award a one year sole source contract for supply of long-term retardant to designated bulk bases to the United States Department of Agriculture (USDA) Forest Service, Department of the Interior (DOI), Bureau of Land Management (BLM), Bureau of Indian Affairs (BIA) and other Government agencies with interagency agreements with any of the above. The long-term fire retardant required and supplied shall be qualified and approved on the Qualified Products List (QPL) in accordance with USDA, USFS Specification 5100-304c - Long Term Retardant, Wildland Firefighting with amendments. The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(1) (FAR 6.302-1) the property or services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency. The USFS did not receive any responses from interested parties within 15 days and as such, has met the 15 day posting requirement and is proceeding with the sole source solicitation.

This solicitation is a sole source "request for proposal (RFP)” the solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-93

The associated North American Industrial Classification System (NAICS) code for this procurement is 115310, with a small business size standard of $7.5 Million and is unrestricted.

The U.S. Forest Service (USFS) - Incident Support Branch, National Interagency Fire Center, 3833 S. Development Ave. Bldg 106 Ste. 1100, Boise, ID is seeking to enter into a sole source

Solicitation No. AG-024B-S-17-9009 US Forest Service National Long-Term Fire Retardant – Bulk National Office contract with ICL Performance Products LP for the National Long-Term Fire Retardant – Bulk requirement, a commercial item. This acquisition is a one year follow-on effort based on Contract AG-0248-C-11-9014 a 5 year sole source contract for supply of the National Long- Term Retardant – Bulk. See Attachment 1 (Section B), for the Schedule of Items and a list of contract line items. See Attachment 2 (Section C) for the Specifications and Statement of Work, describing the requirements including dates and places of delivery and acceptance. See various Section J Attachments for relevant attachments for this acquisition.

The US Forest Service will initiate negotiations with ICL Performance Products LP and notification of award will be posted to this announcement. .

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html. The following solicitation provisions apply to this acquisition:

FAR 52.212-1, “Instructions to Offerors–Commercial Items” (JAN 2017)

FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items” (JAN 2017) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

The following contract clauses apply to this acquisition and are incorporated by reference:

FAR 52.212-4, Contract Terms and Conditions–Commercial Items (JAN 2017) The following clauses are added to the terms and conditions in FAR 52.212-4:

FAR 52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS (SEPT 2013)

FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY

DATA (ALT 1) (JUL 1997)

FAR 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

FAR 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR

1984)

FAR 52.236-7 PERMITS AND RESPONSIBILITES (NOV 1991)

FAR 52.242-15 STOP-WORK ORDER (AUG 1989)

FAR 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

FAR 52.245-1 GOVERNMMENT PROPERTY (APR 2012)

FAR 52.245-9 USE AND CHARGES (APR 2012)

FAR 52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

FAR 52.247-29 F.O.B. ORIGIN (FEB 2006)

FAR 52.247-34 F.O.B. DESTINATION (NOV 1991)

FAR 52.247-55 F.O.B. POINT FOR DELIVERY OF GOVERNMENT FURNISHED

PROPERTY (JUN 2003)

FAR 52.247-59 F.O.B. ORIGIN - CARLOAD AND TRUCKLOAD SHIPMENTS (APR 1984)

http://acquisition.gov/comp/far/index.html

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders (JAN 2017) The following subparagraphs of FAR 52.212-5 are applicable:

(a)(1)-(4) (b)(1)-(4), (7)-(9), (16), (17), (25)-(34), (38), (39), (44)-(47), (56) and (60) (c)(2), (8) and (9) (d)(1)-(3) (e)(1), and (2)

The following contract clauses apply to this acquisition and are incorporated by full text:

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS. (DEC 2013)(a) Upon receipt of accelerated payments from the Government, the contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all required documentation from the small business subcontractor. (b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

The offeror’s proposal shall be submitted via email to larryrobillard@fs.fed.us and negotiations will commence upon receipt. Proposal shall include the following:

1. Completed Attachment 1 (Section B) with rationale to explain pricing variances from previous contract AG-024B-C-11-9014 line item pricing

2. Completed copy of FAR 52.209-11

3. Statement from authorized corporate representative accepting the terms and conditions in the solicitation

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to Larry Robillard at larryrobillard@fs.fed.us.

Solicitation Point of Contact:

Larry Robillard Contracting Officer – USFS Incident Support Branch Tel: (208) 387-5682 Email: larryrobillard@fs.fed.us mailto:larryrobillard@fs.fed.us

The following referenced material may be requested through the Contracting Officer:

1. SPECIFICATION 5100- 304C - LONG-TERM RETARDANT FOREST FIRE, AIRCRAFT

OR GROUND APPLICATION

2. LOT ACCEPTANCE, QUALITY ASSURANCE, AND FIELD QUALITY CONTROL FOR

FIRE RETARDANT CHEMICAL, NFES 1245 (PMS 444-1)

Attachments:

1. Attachment 1 - Section B - Schedule of Items (12 pages)

2. Attachment 2 - Section C - Specifications and Statement of Work (17 pages)

3. Attachment 3 - Exhibit J-1 - Facility, Government & Contractor Equipment (11 pages)

4. Attachment 4 - Exhibit J-2 - FS QPL Long-Term Fire Retardant (1 page)

5. Attachment 5 – Exhibit J-3 - Long-Term Fire Retardant Characteristics and Mix Factors

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